Terms and Conditions

Your privacy is important to us. At Canadian Orthopaedic Care Strategy Group (“MobilizeCanada.50Plus.com”), we are firmly committed to giving your personal information all of the protection required by law. We have created this privacy statement to advise you of how we will handle your personal information. By accessing and browsing this website you agree that we may collect, use and disclose your personal information as described in this Privacy Policy.

What is Personal Information?

Personal information is any information that identifies you or by which your identity could be deduced. It does not, however, include the name, title, business address or telephone number of any individual when acting in his or her capacity as an employee of an organization.

What personal information does MobilizeCanada.50Plus.com collect and why?

You can visit MobilizeCanada.50Plus.com without offering information about who you are or providing any personal information about yourself. However, there will be times when we will need to obtain personal information from your or about you.

Surveys: Our online surveys may ask you for demographic information (like your age, sex, province of residence or income level). We may also collect profile data (e.g. mobility condition, disease condition, purchase behaviour, attitudes and perspectives). This information is shared with advertisers on an aggregated basis (e.g. 25% of our visitors are from Alberta and have visited 100 times in the last month). Again, no personal information is ever released without your consent or except as may be permitted or required by law.

Order forms: When you request products, services or reports through order forms available on our website (e.g., Canadian Orthopaedic Care Strategy Group Membership), we will collect your contact information (like your e-mail address) and possibly demographic and profile information as described above.

Contests: We sometimes run contests on our website in partnership with other companies. Please see each contest’s privacy statement, which applies in addition to this Privacy Policy, but will govern our treatment of personal information as it relates to that contest.

Our e-mail lists: We make e-mail list sign-up available to our users. We do not subscribe people to these lists without their consent or sell the e-mail addresses gathered on these lists. We strongly believe that you should easily be able to unsubscribe from our e-mail lists if you no longer wish to receive them.

You can unsubscribe from the MobilizeCanada.50Plus.com e-mail list or from receiving any newsletters by contacting support@MobilzeCanada.50Plus.com or clicking on the unsubscribe button in the newsletter.

Cookies: We collect website usage information through the use of “cookie” technology and/or IP address tracking. A cookie is a tiny element of data that is sent to your browser to be stored on your hard drive so that we can recognize you when you return to our site. Website usage information might include the browser you use, the type of computer, the operating systems, the Internet service providers and other similar information. Our system also automatically gathers information about the areas you visit on our site.

We use this information in the aggregate to understand how our users as a group use the services and resources provided on MobilizeCanada.50Plus.com. This way we know which areas are the favorites of our visitors, which areas need improvement and what technologies are being used so that we may continually improve our site.

Most browsers are set to accept cookies. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you decide to refuse cookies, please note that some parts of the MobilizeCanada.50Plus.com site may not work properly.

Use and disclosure of personal information without consent

We may use and disclose personal information, without the knowledge or consent of the individual as follows:

(a) for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual;

(b) to investigate an attempted or suspected breach of security of the MobilizeCanada.50Plus.com website;

(d) if in the course of our operation of the website we have reasonable grounds to believe a crime is being or is about to be committed, and the information is used and disclosed for the purpose of investigating that contravention;

(e) if we sell our business, merge with another entity or otherwise restructure our business and the information is used and disclosed to the counterparties to these transactions and to their professional advisors under an obligation of confidentiality, to the extent required for the purposes of due diligence and closing of the transactions; and

(f) any other purpose permitted by law.

Access to Personal Information

You can always review your personal information held by us and make corrections to it. You can request access to your personal information by contacting support@MobilizeCanada.50Plus.com. We will respond to your access request within [30] days of receiving your request. If we need to extend this period of time or refuse your request, we will provide you with a reason, subject to any legal restrictions.

Security

At MobilizeCanada.50Plus.com we take the security of your personal information seriously and take appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although we take appropriate measures to protect the security of the information communicated through our website, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use the website to communicate with us, you do so at your own risk.

Linked Sites

Our website may provide links to other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. We are not responsible for the privacy practices or the content of any other websites that are hyper-linked to or from this website.

Contacting us about this website

If you have any questions or comments about this privacy statement, our privacy practices or your dealings with this website, please email support@MOBILIZECANADA.50PLUS.COM.

Please note that we may update and modify this Privacy Policy. Please review the Privacy Policy whenever you access and/or use this website.

User Agreement

This is a legally binding agreement between you and Canadian Orthopaedic Care Strategy Group. You must read these Terms and Conditions (“agreement”) carefully before using this website. By accessing, browsing, subscribing to or otherwise using this website, you agree to comply with the terms and conditions in this agreement, as amended from time to time. If you do not agree, you may not use this website.

Privacy

We collect personal information through this website. Your personal information will only be collected, used and disclosed as set out in our Privacy Policy.

Security

To post comments or download information on this website you may be required to register. You are responsible for protecting the confidentiality of your password or other identification (collectively, your “account”) and for all activities that occur through the use of your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

Ownership of Website Content

Except for public domain material, all content and material on and/or forming part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logs, trademarks, service marks and trade names, and their design and arrangement (collectively, the “Content”), is the property of Canadian Orthopaedic Care Strategy Group or its licensors or sponsors and is protected by copyright, trademark and other laws. All rights not expressly granted to you in this agreement are reserved.

The Content is intended for your personal, educational and non-commercial use and it may not be copied or distributed for any other purposes, without written permission from us. The Content may not be modified and the copyright notice must be included whenever you copy or display the content.

Prohibited Conduct

Except as expressly provided in this agreement, this website and its Content, or any part of it, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without our express prior written permission. Prohibited conduct includes, without limitation:

(a) modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part of it;

(b) renting, leasing, sublicensing or transferring any rights in this website or the Content;

(d) violating, plagiarizing or infringing on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;

(e) any unauthorized use of the Content (including use on any other website or networked computer environment); and

(f) engaging in any conduct which we, in our sole discretion, determine to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to this agreement or intentionally interfering with the website or our computer system.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

Disclaimers

(a) No Warranties

This website and its Content are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions or merchantability, merchantable quality and fitness for a particular purposes, title, non-infringement of proprietary rights and implied warranties and conditions arising from the course of dealing or course of performance. We do not warrant that the functionality of this website or its Content will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available will be free of viruses or other harmful components. We do not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other information provided through this website or in the Internet generally. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through this website.

(b) Linked Sites

This website may contain links to other Internet sites which are not owned or controlled by us. Access to these linked sites is at your own risk and we are not responsible for the availability, accuracy or reliability of the contents of any linked site or any link posted on those sites. We provide these links for your convenience. The inclusion of a link does not imply our endorsement of the linked site or any products, services, materials or statements contained or referred to on that site and we assume no responsibility for the content of linked sites.

(c) No Advice

Some of the Content may contain health and medical information. This is for general information purposes only and is not intended to be a comprehensive or definitive statement concerning the matters addressed or a substitute for medical, pharmaceutical, therapeutic or other professional or expert advice or treatment and should not be relied upon as such. In no way should the Content be construed as a recommendation of, or as an offer to purchase or sell, any drug, therapy, device, supplies or other products or services.

Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition. Nothing contained in products, services or Content available on this website or any linked site is intended to be for medical diagnosis or treatment.

(d) No Solicitation

This website is not intended, and must not be taken, to be the provision or practice of medical, nursing or professional health care advice or services in any jurisdiction. The website is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of the Canadian Orthopaedic Care Strategy Group or any of its member companies, nor to constitute any contracts with any jurisdiction outside of the province of Ontario.

Limitation of Liability

You agree that Canadian Orthopaedic Care Strategy Group, its member companies and their affiliates, directors, officers, employees, representatives, licensors and licensees will not be liable to you for any loss of use, loss of data, loss of income or profit or for any damages of any kind, arising from your use of this website, any products or services available to you through this website or any linked sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages.

Indemnity

You agree to indemnify, defend and hold harmless Canadian Orthopaedic Care Strategy Group, its member companies and their affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this agreement or your violation of any law or the rights of the third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this agreement and you will cooperate as fully as reasonably required by us.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any of the products or services available through this website for any reason, including, without limitation, your breach of this agreement or transmission of any unsolicited advertising materials.

Submissions

You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website or any products or services. Transmission of this type of material will constitute a material breach of this agreement. We do not and cannot review every submission posted by users and are not responsible for, nor do we endorse, these submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by us or the administrators of this website, in their sole discretion. Users remain solely responsible for the content of their submissions.

By submitting content to any area of this website, you grant us a royaltyâ€‘free perpetual, irrevocable, transferable, nonâ€‘exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of this website to access, display, view, store and reproduce such content for personal use.

Jurisdictional Issues

Access to this website, the Content and the products and services available through this website is not permitted where prohibited by law. If you choose to access this website and/or use the products or services, you do so on your own initiative and are responsible for compliance with applicable laws.

General

This agreement and your use of this website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. Any dispute arising under this agreement will be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Canadian Orthopaedic Care Strategy Group in any jurisdiction except the Province of Ontario and you will submit and consent to such jurisdiction. If any provision of this agreement is deemed unlawful by a court of law, then the impugned provision will be deemed severed and will not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between you and Canadian Orthopaedic Care Strategy Group in connection with your use of this website. Your use of this website is not intended and will not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Canadian Orthopaedic Care Strategy Group other than that of independent contractors.

Updates and Amendments

We reserve the right to change, modify or amend this agreement, or add or remove portions of this website and any products and services offered through this website, at any time and you agree to be bound by these changes, modifications, additions or deletions. The current version of this agreement will be posted on this website at all times. Please check back frequently to see any updates or changes to this agreement. Your continued use of this website following the posting of changes will constitute your agreement to be bound by the changes.